
A three-member Court of Appeal panel allowed Sanjeevan’s leave application as there were questions of law raised.
An applicant must obtain leave from the Court of Appeal if the proceeding originates in the magistrates’ court.
Judge Kamaludin Md Said, who headed the panel, said leave to appeal was allowed as there were questions of law to be argued during the process.
Judges Hadhariah Syed Ismail and Nordin Hassan were the other members on the bench.
Lawyer V Sithambaram, who was assisted by S Preakas and Miguel Sequerah, had filed nine legal questions, including one on whether the right burden of proof was applied in finding Sanjeevan guilty.
Deputy public prosecutor Atiqah Abdul Karim represented the prosecution.
Preakas told reporters later that a notice of appeal would be filed within 14 days.
“The Court of Appeal will supply us the appeal records in preparation for the appeal,” he said.
On Aug 14, 2018, the magistrates’ court in Temerloh sentenced Sanjeevan to three months’ jail and fined him RM7,000 after finding him guilty of extorting RM1,500 from businessman Chan Leong Kwan by saying he (Chan) would not be able to run his business if he failed to give the money.
Sanjeevan, also a businessman, committed the offence at Triang Commercial Centre in Bera, Pahang at 9.45pm on July 1, 2013.
He was charged under Section 384 of the Penal Code, which carries a jail sentence of up to 10 years, a fine or whipping upon conviction.
He was released after posting bail of RM6,000 and having paid the fine.
On Nov 27, 2020, the High Court dismissed Sanjeevan’s appeal and he was ordered to begin sentence after a stay of execution was disallowed.
However, on Dec 4, 2020, the High Court allowed Sanjeevan a stay on condition that he post bail of RM35,000 in two sureties and surrendered his passport to the court until the case is settled.
He is also required to report to the Semenyih police station in Kajang, Selangor, every week until the disposal of the case and to obtain the permission of the Kajang district police chief before leaving the district.